M/S T. A. ENTERPRISES ACHABAL ADDA v. R. K. CHIBEER AND ORS. (JAMMU AND KASHMIR BANK LIMITED)
CCP(D)/70/2024 · 2025-05-20
Sanjay Parihar, Sanjeev Kumar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 9523 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 9523 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 8
Regular Cause list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(D) No. 70/2024 in
WP(C) No. 2715/2024
M/s T. A. Enterprises Achabal Adda ….. Appellant/petitioner(s) Through: - Mr. Rizwan, Advocate
V/s R. K. Chibeer and Ors. ….. Respondent(s) Through: - Mr. Abdul Muiz, Advocate vice Mr. T. H. Khawja, Advocate
CORAM:
HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE
HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE
(ORDER) 20.05.2025
This is a petition for initiating contempt proceedings against the respondents for wilful disobedience and non-compliance of the Judgment dated 25.11.2024, passed by this Court in WP(C) No. 2715/2024. The operative portion whereof is reproduced hereinbelow: -
“ The auction notice dated 24th October, 2024 stands quashed and the respondents shall handover the documents to the petitioner when the property was mortgaged by the petitioner. This is, however, subject to the additional payment of Rs. 5.00 lacs by the petitioner to the respondent-Bank for the delay of 18 days in making the final payment. This payment shall be made to the Bank within ten days’ time from the date of this order.”
Respondents have filed their statement of facts/compliance report and have submitted that the directions passed in paragraph 6 of the Judgment have been carried into effect and auction notice dated 24th October, 2024 has not been given effect to and they have also handed over back the documents Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document
of the mortgaged property to the petitioner. This complies the directions passed by this Court, therefore, is not a case for proceedings against the respondents for committing the contempt of this Court.
The petitioner tried to raise other grievance with regard to Rs. 10.00 lacs to be paid by the Bank to the petitioner. This is not the issue before us and, therefore, is left open. The petitioner may work out his remedy to recover the said amount, if any, payable by the Bank. Suffice to say that no case is made out against the respondents for committing the contempt of this Court, therefore, the contempt petition is dismissed.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE
JUDGE
SRINAGAR 20.05.2025
“Mohammad Yasin Dar”
Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document